(2) Detained Material Witness. A witness who is detained under 18 U.S.C. §3144 may request to be deposed by filing a written motion and giving notice to the parties. The court may then order that the deposition be taken and may discharge the witness after the witness has signed under oath the deposition transcript.
(2) To the Custodial Officer. A party seeking to take the deposition must also notify the officer who has custody of the defendant of the scheduled date and location.
(B) persists in disruptive conduct justifying exclusion after being warned by the court that disruptive conduct will result in the defendant’s exclusion.
(3) Taking Depositions Outside the United States Without the Defendant’s Presence. The deposition of a witness who is outside the United States may be taken without the defendant’s presence if the court makes case-specific findings of all the following:
(B) there is a substantial likelihood that the witness’s attendance at trial cannot be obtained;
(C) the witness’s presence for a deposition in the United States cannot be obtained;
(D) the defendant cannot be present because:
(ii) for an in-custody defendant, secure transportation and continuing custody cannot be assured at the witness’s location; or
(iii) for an out-of-custody defendant, no reasonable conditions will assure an appearance at the deposition or at trial or sentencing; and
(2) the costs of the deposition transcript.
(2) The scope and manner of the deposition examination and cross-examination must be the same as would be allowed during trial.
(3) The government must provide to the defendant or the defendant’s attorney, for use at the deposition, any statement of the deponent in the government’s possession to which the defendant would be entitled at trial.
(g) Objections. A party objecting to deposition testimony or evidence must state the grounds for the objection during the deposition.
(h) Depositions by Agreement Permitted. The parties may by agreement take and use a deposition with the court’s consent.
